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INDUSTRIAL JUSTICE IN INDIA DEVELOPMENT OF

21ST CENTURY

APROJECTUNDER:
INDUSTRIALJURISPRUDENCE

SUBMITTEDTO:
Dr.SHAILENDERNIGAM

SUBMITTEDBY:
AAKASHBANSAL
ROLLNO.
15PGDMHR01

Table of Contents
INTRODUCTION.....................................................................................................................................3
EVILIMPACTOFINDUSTRIALREVOLUTIONONINDIA.............................................................4
EconomicEvils......................................................................................................................................4
SocialEvils............................................................................................................................................4
LABOURPROBLEMSININDIA...........................................................................................................5
EVOLUTIONOFINDUSTRIALJURISPRUDENCEININDIA...........................................................6
SOMEIMPORTANTLABOURENACTMENTSININDIA.................................................................7
ROLEOFLABOURCOURTSINSETTLEMENTOFINDUSTRIALDISPUTES..............................8
COMPETENCEANDJURISDICTIONOFLABORCOURTS/INDUSTRIALTRIBUNALS.............9
INDUSTRIALTRIBUNALS................................................................................................................9
CONCLUSION........................................................................................................................................10
BIBLIOGRAPHY....................................................................................................................................11

INTRODUCTION
For the efficient functioning of a working unit an amicable environment, cooperation between the
workers and the employers, reasonable remuneration and proper working condition are the
prerequisites. From the laissez faire to the welfare state, the socio-economic conditions have faced
drastic changes, not only in India but also across the world.
The industrial position that prevailed in the pre-independence era of India does not remain pristine. The
industrial revolution in India brought with it certain inhumane as well as unjust aspects of the colonial
era. To cope with these problems, industrial legislations were enacted in India. To keep pace with the
changing socio-economic conditions in India, the Legislature as well as the Courts had to check the
unfavorable growth of the industrial legislations.
Industrial legislation finds its origin from the industrial jurisprudence, which is a development of the
20th century world. In India, industrial jurisprudence prevailed before the Independence, but it was in
the rudimentary form. Industrial revolution was the emanating factor behind the growth of the
industrial jurisprudence. Industrial revolution brought with it the most inhumane aspect of the human
life. It saw the exploitation of a man by a man. The maximization of profit, even at the cost of the life
of the laborers, was paramount goal of the employer. Freedom of contract was the evident result of the
laissez faire. The employer was free to fire the employee, at his arbitrariness. Thus the employees were
always at the loss.
To protect the interest of the employees, the legislature and courts, in India took a giant step to give
birth to the industrial jurisprudence in India- former trough the enactments and the latter through the
judgments. The scope of industrial jurisprudence not only covers the protection of interests of the
employees but it also aims at securing a cordial relationship between the employers and employees in a
working unit.

EVIL IMPACT OF INDUSTRIAL REVOLUTION ON INDIA


As per the economic policy of the British government, they never wanted to make India an industrial
base; rather they wanted to make India a supplier of raw materials for their industries. Instead of
promoting industries in India, they continued to de-industrialize and ruralize the Indian economy.
Further with the advent of industrial revolution in England, the British government revved up its efforts
to further exploit the Indian economy. As a result, in 1947, when the British left, India represented a
ruined economy, a sick society and the present danger of the evil effects of neo-colonialism. However,
the evil impact of industrial revolution can be classified into Social Evils and Economic Evils, which
are discussed as below:

Economic Evils
1. The artisans lost the psychological satisfaction that they derived in producing goods themselves.
In the industries, they had to produce only a part of the finished goods.
2. The laborers were underpaid. They could just earn from hand to mouth. The wages were
sufficient to provide them with the daily bread, but at the cost of other necessities of their life.
3. The term of employment was not secure. The employers were free to exercise their arbitrariness
in sacking the laborers. The factory workers had to suffer from the periodic unemployment and
under-employment.

Social Evils
1. The overcrowded cities, due to the large-scale immigration of the village population in the cities
led to the industrial slums and acute housing problems. It had its adverse impact on the health
of the workers and also led to the sanitation problems in the cities.
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2. The working conditions in the factories were hazardous. Moreover, the long hours of duty, with
no rest and no facility of recreation marred the welfare of the workers. The machines were
taken care of by the factory owners, with little regard for the safety of the workers.
3. Workers were exposed to serious accidents caused by the improperly managed machines in the
factory. These accidents were not taken seriously by the factory owner. The victims of such
accidents did not have any right to compensation.
4. Due to the inadequate wages, the wives and children of the workers were exposed to the
exploitation by the factory owners. They were employed at low wages without regard to their
physical conditions.

LABOUR PROBLEMS IN INDIA


The factory owners paid their sole attention towards the maintenance of the machines irrespective of
the health and working conditions of the workers. The employers neglected the conditions of the
workers as the manual labor was abundantly available to them. The workers were underpaid. They
could not raise their voice. They were illiterate and poor, so were ignorant of their rights. Taking the
advantage of this situation, the employers dictated their own terms.
The government also did not interfere in the matter as it was deemed to be a freedom of contract. The
situation worsened further. The government could not just see it as a neutral player and it had to
interfere. Moreover, some of the philanthropic agencies like the Servants of India Society and Social
Service League raised voice against these problems. Later some industrial social workers also raised
voice against these problems. Initially, they lacked in the resources and bargaining power but they were
successful in mobilizing the public voice against these problems.
Later, the factory owners also realized the seriousness of the problem and also that a contended worker
will add to the productivity of the factory.
Later the Government also, could not confine itself to a neutral spectator. The Government also realized
that it was in the interest of the national economy as well as the laborers that constitute a bulk of
population in India. Thus the drive for the welfare of the laborers and for the protection of the Indian
economy compelled the Government to intervene in the situation.
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EVOLUTION OF INDUSTRIAL JURISPRUDENCE IN INDIA


The evolution of Industrial Jurisprudence in India can be traced back to the period of postIndependence. Before the Independence, the industrial jurisprudence existed in a rudimentary form.
The paramount concern of the Pre-independence industrial jurisprudence was the amelioration of the
working condition of the workers at the factories. There was hardly any deal with the social justice to
the working class. It was only after the commencement of our Constitution, that the adequate
provisions for the social justice to the workers were inserted.
Before the Independence, India was not only a great agricultural country, but also a manufacturing
country. But the British Government, as a matter of their policies always tended to discourage the
Indian industries. This led to a widespread nationalism in India, which laid emphasis on the boycott of
the foreign goods. Further a non-cooperation movement saw its birth that is also called swadeshi
movement, which emphasized on the use of indigenous goods and boycott of the foreign goods.
The aspect of industrialization in India was based on the program of planning, which was accepted
after thirties. It is important to take into consideration that the plantation industry of Assam was the first
to attract the industrial legislation. The situation there was that the employers exercised hard practices
against the employees. The employees were not allowed to leave the tea gardens. A number of Acts
were passed from 1863 onward, but they only protected the interests of the employers. Some other Acts
were also passed to regulate the condition. But the Workmens Compensation Act, 1923 was the
landmark Act.

SOME IMPORTANT LABOUR ENACTMENTS IN INDIA


ThesalientfeaturesoftheCentralandStateLaborActsinforceinthedistrictaregivenhereunder:
1. TheIndianFactoriesActof1948providesforthehealth,safetyandwelfareoftheworkers.
2. ThePunjabShopsandCommercialEstablishmentAct,1958,regulatestheconditionsofwork
andtermsofemploymentofworkersengagedinshops,commercialestablishments,theatres,
restaurants,etc.
3. ThePunjabMaternityBenefitAct,1943,providesforthegrantofcashbenefitstowomen
workersforspecifiedperiodsbeforeandafterconfinements.
4. TheEmploymentofChildrenAct,1938,prohibitstheemploymentofyoungchildrenbelowthe
ageof15yearsincertainriskyandunhealthyoccupations.
5. The payment of wages Act, 1936, regulates the k\timely payment of wages without any
unauthorizeddeductionsbytheemployers.
6. TheMinimumWagesAct,1948,ensuresthefixationandrevisionofminimumratesofwages
inrespectofcertainscheduledindustriesinvolvinghardlabor.
7. TheIndustrialDisputesAct,1947,providesfortheinvestigationandsettlementofindustrial
disputesbymediation,conciliation,adjudicationandarbitration.Thereisscopeforpaymentof
compensationincasesoflayoffandretrenchment.
8. The Industrial Employment (Standing Orders) Act, 1946, requires employers in Industrial
establishmentstodefinepreciselytheconditionsofemploymentunderthemandmakethem
knowntotheirworkmen.Theserules,oncecertified,arebingingonthepartiesforaminimum
periodofsixmonths.
9. TheWorkmensCompensationAct,1923,providesforcompensationtoinjuredworkmenof
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certaincategoriesandinthecaseoffatalaccidentstotheirdependentsiftheaccidentsarose
outofandinthecourseoftheiremployment.Italsoprovidesforpaymentofcompensationin
thecaseofcertainoccupationaldiseases.
10. TheIndianTradeUnionsAct,1926,recognizestherightofworkerstoorganizeintotrade
unions,whenregistered,hascertainrightsandobligationsandfunctionasautonomousbodies.
11. TheEmployeesStateInsuranceAct,1948,providesforsicknessbenefit,maternitybenefit,
disablementbenefitandmedicalbenefit.
12. The Employees Provident Fund Act, 1952, seeks to make a provision for the future of
industrialworkerafterheretiresorincaseheisretrenched,orforhisdependentsincaseofhis
earlydeath.
13. ThePunjabIndustrialHousingAct,1956,providesfortheadministrationallotment,realization
ofrent,etc.,inconnectionwithquartersconstructedundertheSubsidizedIndustrialhousing
Scheme.

ROLE OF LABOUR COURTS IN SETTLEMENT OF INDUSTRIAL


DISPUTES
Adjudication has dug deep roots in the field of labor. Though collective bargaining caters to long-term
peace and organized trade unions and established concerns prefer to bargain and amicably settle labor
demands, failure to settle amicably often makes adjudication the preferred trial of strength. Except for a
handful that resort to strikes and lockouts, exceptions which only prove the general rule, labor has
come to cultivate the habit of adjudication. This confidence in adjudication has been inspired by the
benefits earned by labor through this system. Employers in the country have found adjudication
beneficial to them in as much as it not only curbs the habit of labor to direct action but also serves as a
powerful check and control on the extravagances of the demands and costs of labor. The State can
hardly find a better substitute for effecting social and economic justice through rule of law in the labor
field. Industrial adjudication has, therefore, very much come to stay in our country. The technique of
industrial adjudication is a dynamic and revolutionary process of transforming traditional jurisprudence
which has proved wholly ineffective and impotent in protecting the poor industrial masses from
social injustice and economic exploitation (resulting from industrial revolution) into a progressive
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and flexible legal institution of social regeneration and economic justice. It has, to some extent,
redeemed the infamy of individualistic legal systems and demonstrated that with the injection of right
doses of progressive social philosophy, law and jurisprudence can become potential agents of social
and economic progress.

COMPETENCE AND JURISDICTION OF LABOR


COURTS/INDUSTRIAL TRIBUNALS
Under Section 7 of the Industrial Disputes Act 1947, a Labor Court constituted by the appropriate
government is competent to adjudicate and render awards on the matters mostly relating to rights, such
as:
1. Discharge or dismissal of workmen, including reinstatement of, or grant of relief to, workmen
wrongfully dismissed;
2. Withdrawal of any customary concession or privilege;
3. Illegality or otherwise of a strike or lockouts; and
4. All matters other than those specified in Schedule Ill.

INDUSTRIAL TRIBUNALS
Industrial Tribunals under Section 7A of the Industrial Disputes Act 1947 have also been constituted to
adjudicate upon the issues falling within Schedules II and III, i.e. rights disputes and interests disputes.
Under Section 7-8 of the Industrial Disputes Act 1947, the Central Government may also constitute
national Tribunal to adjudicate the disputes if it involves any question of national importance or it is of
such nature that industrial establishments situated in more than one State are likely to be interested or
affected by such dispute whether or not it is the appropriate government in relation to that
establishment. Labor courts or industrial tribunals are also competent to inquire into and investigate
industrial disputes referred to them and upon adjudication, render awards which are binding on the

parties. The Labor Courts and Industrial Tribunals also act as forum of appeal under Section 11A in the
matter of discharge, dismissal or termination of employment.

CONCLUSION
Industrializationcreatesanumberofsocialandeconomicproblemslikeemploymentofwomenand
children,minimumwages,tradeunions,insanitarylivingquartersanddeplorableworkingconditionsin
thefactories,etc.Laborlawsare,therefore,enactedtofacilitatetheirsolutions,asordinarycivillaws
areinadequatetomeetthem.TheStatehasadoptedaprogressivepolicy,andiskeepingpacewiththe
labor policy of the Government of India and the standard laid down by the International Labor
Organization. Thishasproducedaplethoraoflegislationandtheiradministration. Theselawsalso
dealwiththeregulationofindustrialrelationsbetweenthemanagementandtheworkers.
BoththeLegislatureaswellastheJudiciaryinIndiahaveplayedtheirdueroleinshapingtheLabor
LegislationinIndia.

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BIBLIOGRAPHY
URLs
1. http://en.wikipedia.org/wiki/Fundamental_Rights,_Directive_Principles_and_Fundamental_Du
ties_of_India
2. http://punjabrevenue.nic.in/gaz_ldh36.htm
3. https://encyclopediaofworld.wordpress.com/tag/labour-jurisprudence-in-india/

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